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Case Law Update June 2025
Case Law Updates
Fox v. Sarasota County School Board, ___So.3d___(Fla. 1st DCA 6/25/25E/C-Paid Attorney Fees & Costs/JCC Jurisdiction The parties settled the underlying claims for $114,900 and submitted a Motion for fees on the washout of $12,240, which the JCC approved. Later that day the parties submitted a stipulation on past fees ($60,308.72) and costs ($24,691.28).  The JCC denied the stipulation. The DCA vacated the denial and analyzed JCC jurisdiction over employer paid fees. F.S. s. 440.34(1) states that attorney fees may not be... View More
Case Law Update May 2025
Case Law Updates
Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., ___So.3d ___(Fla. 1st DCA 5/7/25) Alternate Coverage/JCC Jurisdiction F.S. s. 440.211 provides that a Negotiated WC Insurance Program (NWCIP) can have a Collective Bargaining Agreement (CBA) that removes the JCC’s jurisdiction over a workplace accident/injury claim, but rather requires arbitration.  The claimant agreed that a NWCIP was in place, but argued it should not apply (and the JCC should have jurisdiction) because the parties did not mutually agree/consent to the... View More
Case Law Update February 2025
Case Law Updates
Girardin v. An Ft. Myers Imps., LLC, 50 Fla. L. Weekly D426 (Fla. 1st DCA February 19, 2025) The underlying case involved the JCC’s order denying the claimant’s request for home modification and awarding attendant care from November 3, 2021, through the date of the Final Hearing, March 31, 2022. The claimant’s husband was allegedly providing attendant care services and the JCC ordered that the claimant’s husband be paid the Federal Minimum Wage for 30 hours per week. The JCC’s... View More